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You are here: Home / Archives for Risk management
TERMINATION

To avoid a messy workplace theft investigation, can we just fire our prime suspect?

August 8, 2021 by

Question: Several years ago, when one of our employees was stealing from other employees’ purses and desks, we called the police. The process—calling the police, alerting our insurance carrier and interviewing multiple employees to show fairness so we wouldn’t get sued for wrongful termination when we fired the one employee—tore apart our office. Some of our best employees couldn’t believe we didn’t trust them. We tried to explain we had wanted to be fair, and that if we only singled certain employees, we’d stigmatize them forever, but two of our best, long-term employees were so angry they quit within a few months. Once again, we have a problem. Several employees have reported missing small things from their desks. These items appear to have been taken at night. Since everyone has… . . . read more

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HIRING

An employee cyberstalks potential hires, looking for dirt

July 11, 2021 by

By Lynne Curry  According to rumor, one of my co-workers conducts unauthorized criminal background investigations on prospective employees without their knowledge or permission. This cyber-snoop doesn’t work in human resources but collects information and passes it along to the hiring managers. She’s also been known to interrogate employees after they’re hired about information she’s learned. We’ve also been told that, despite being married, this employee masquerades as a single woman on dating sites and essentially cyberstalks her targets. My co-workers and I don’t know what to do about this employee, as our members of our senior leadership team have indicated they support this woman one hundred percent. What can those of us who find this repugnant do about it? Answer:  According to employment and labor attorney Paul Wilcox, “It’s not surprising… . . . read more

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WORKPLACE SAFETY

Most of your law office employees are vaccinated. Now what?

April 8, 2021 by

By Lynne Curry bio Most of your office staff have received vaccines. Those who remain unvaccinated either haven’t decided whether they will or have refused to get vaccinated. What’s next? Can you relax your workplace protocols? New CDC guidance In recent weeks, the Centers for Disease Control and Prevention (CDC) provided new COVID-19 guidance for fully vaccinated individuals.1 Fully vaccinated individuals may interact indoors with other vaccinated individuals without wearing masks or physical distancing. Fully vaccinated individuals, except for those who live in a group setting or themselves experience COVID-19 symptoms, no longer need to quarantine and test if they’ve been around someone who has COVID-19.2 Fully vaccinated individuals do need to wear a well-fitted mask, physically distance and practice other prevention protocols when interacting with unvaccinated individuals from multiple… . . . read more

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MANAGING STAFF

How to deal with new friction between the vaccinated and unvaccinated

April 3, 2021 by

By Lynne Curry bio After five employees boarded an elevator, two additional employees attempted to get on as well. One of the employees already on the elevator asked these two not to board. “We can’t remain six feet apart if you get on.” One of the employees wanting to board said, “It’s only a short distance.” After the employees arrived on their floor, the back and forth between these two employees continued. “Your mask isn’t on tight.” “I’m okay with it.” “Are you vaccinated?” “I don’t trust the vaccines.” “You put the rest of us at risk.” “If you’re vaccinated, you have nothing to worry about.” “Not if you contract a variant, infect the rest of us, and we take the problem home to our families.” In workplaces across the… . . . read more

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TOOL

Model Law Office Enhanced Cleaning and Disinfection Policy

March 4, 2021 by

The U.S. Centers for Disease Control and other public health organizations mandate that employers take additional cleaning and hygiene measures during the pandemic. Here’s a Model Policy you can adapt for your own use based on your specific circumstances and applicable local and specialty rules.

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WORKPLACE SAFETY

Mandatory COVID vaccination: new guidance & update

February 21, 2021 by

By Lynne Curry bio Can employers require their employees to receive COVID-vaccinations? While vaccination is one of an employer’s best tools for preventing COVID-19 outbreaks at their worksites, requiring employees to be vaccinated and disciplining them if they refuse comes with legal risks. Although the federal Equal Employment Opportunity Commission (EEOC)’s December 2020 guidelines stated that employers could implement and enforce mandatory COVID-19 vaccination policies for certain jobs and with certain exceptions1, the U.S. Food and Drug Administration (FDA) requires that recipients of vaccines under an “emergency use authorization” (which includes the current COVID vaccines) must be informed that they have the option to accept or refuse the vaccination. For more detail on this federal agency contradiction, see https://workplacecoachblog.com/2021/01/covid-vaccination-update-in-light-of-the-vaccines-emergency-use-authorization-status/ “The current problem,” says Perkins Coie Senior Counsel Michael O’Brien, “is that many employees… . . . read more

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TOOL

Voluntary COVID-19 vaccination policy

February 19, 2021 by

It is important for you to ensure that your law office workers get vaccinated against COVID-19 to protect not only themselves but also co-workers, clients and others at your facility. But what if employees neglect or just plain refuse to be vaccinated? There are two basic options: Option 1: Require workers to be vaccinated Option 2: Encourage workers to be vaccinated voluntarily Here’s a Model Policy you can use to implement Option 2.

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COMPLIANCE

Can you require staff to get the COVID-19 vaccination?

January 30, 2021 by

Although it’s clearly a positive development for the world at large, the almost miraculous emergence of a vaccine for COVID-19 in less than a year poses legal challenges for. The Question: Can employers require their workers to get the vaccine? Bottom Line on Top: The answer is probably but not 100 percent certainly YES. And even if a mandatory vaccine policy is justifiable, it’s also subject to strict restrictions.  Legal justification for mandatory vaccination policies Even though the COVID-19 situation is new and unprecedented, we can still discern the boundaries with regard to employers’ rights to demand that workers get vaccinated. Specifically, we know that OSHA, courts and arbitrators have historically upheld mandatory flu vaccination policies (as well as their slightly less restrictive cousin, the vaccination-or-mask policy requiring all employees… . . . read more

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New year, new city? Professionals and employees reveal relocation plans amid pandemic

January 30, 2021 by

Relocation is a big consideration for both professionals and their employers right now. A recent study by a global staffing firm shows 44 per cent of workers surveyed said they would consider moving to a different city if their company offered long-term remote arrangements, and another three per cent have already made a move. 44 per cent of professionals would consider relocating, but only 16 per cent would be willing to take a pay cut to do so Nearly three in 10 companies are allowing workers to make a permanent move A separate poll of human resources (HR) managers suggests many companies are open to the idea of an anywhere workforce: 49 per cent of respondents reported their organization has allowed current staff to relocate temporarily, and another 27 per… . . . read more

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EMPLOYMENT LAW UPDATE

EEOC issues COVID-19 vaccine guidance

January 4, 2021 by

By Mike O’Brien bio On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to include a section devoted to vaccinations. The EEOC’s guidance answers these and other COVID-19 vaccine questions: “Is asking or requiring an employee to show proof of receipt of a COVID-19 vaccination a disability-related inquiry?” “If an employer requires vaccinations when they are available, how should it respond to an employee who indicates that he or she is unable to receive a COVID-19 vaccination because of a disability?” “If an employer requires vaccinations when they are available, how should it respond to an employee who indicates that he or she is unable to receive a COVID-19 vaccination because of a sincerely held religious practice or belief?” “What happens if an employer cannot… . . . read more

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